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IA SF515

IA SF515
A bill for an act relating to remote presence for purposes of notarial acts and executing wills and codicils, and including retroactive applicability provisions.(Formerly SSB 1047.)


summary

Introduced
03/06/2023
In Committee
Crossed Over
Passed
Dead
04/16/2024

Introduced Session

90th General Assembly

Bill Summary

This bill relates to remote presence for purposes of notarial acts and executing wills and codicils. The bill requires that if a notary elects to use identity proofing for purposes of performing notarial acts for remotely located individuals, the identity proofing must conform to the standards established by the secretary of state. For purposes of executing wills and codicils, the bill defines the term “presence” to mean any manner, physical or electronic, in which the witness and testator can see and hear the acts of each other in real time. The bill provides when a will or codicil is executed using remote signing, the original document may be executed in one or more counterparts by parties located in different locations, which may be aggregated to comprise the complete will or codicil. The bill provides that any will or codicil executed using remote signing procedures between April 2, 2020, and February 15, 2022, shall be deemed to satisfy the presence requirements, pursuant to the governor’s proclamation of disaster emergency. This provision of the bill is retroactively applicable to April 2, 2020.

AI Summary

This bill relates to remote presence for purposes of notarial acts and executing wills and codicils. It requires that if a notary public elects to use identity proofing to perform notarial acts for remotely located individuals, the identity proofing must conform to the standards established by the Secretary of State. For executing wills and codicils, the bill defines "presence" to mean any manner, physical or electronic, in which the witness and testator can see and hear each other in real time. The bill also allows a will or codicil to be executed in one or more counterparts by parties located in different locations, and all such counterparts may be aggregated to comprise the complete will or codicil. Additionally, the bill provides that any will or codicil executed using remote signing procedures between April 2, 2020, and February 15, 2022, shall be deemed to satisfy the presence requirements, pursuant to the governor's proclamation of disaster emergency, and this provision is retroactively applicable to April 2, 2020.

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Judiciary (Senate)

Last Action

Withdrawn. S.J. 948. (on 04/25/2023)

bill text


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